Friday, August 10, 2018

Prescription of crime may be raised at any stage of the proceeding even for the first time on appeal. Prescription of the crime of falsification of public document is computed from the date of the registration of the forged/falsified public document, not from the date of the discovery thereof.

See - 

Lim, et. al. vs. People, GR 226590, April 23, 2018.

"This doctrine was affirmed in the more recent case of Syhunliong v. Rivera,45 where the defense of prescription was raised only in the comment to the petition filed before the Court. Despite this belated objection, the Court upheld the right of the accused to invoke the prescription of the crime at any stage of the proceeding.46 Under these judicial pronouncements, the petitioners are not deemed to have waived this defense, even if they failed to move for the quashal of the information prior to their an-aignment.

Article 90 of the RPC provides that the period for the prescription of offenses commences from the day on which the crime is discovered by the offended party, the authorities, or their agents.52 But if the offense is falsification of a public document punishable under Article 172 of the RPC, as in this case, the period for prescription commences on the date of registration of the forged or falsified document.53 As consistently applied in land registration proceedings, the act of registration serves as a constructive notice to the entire world, charging everyone with knowledge of the contents of the document. xxx."